Amend SB 156 (house committee printing) as follows:
(1) Strike page 1, lines 23 and 24 and substitute the following:
SECTION 3. Section 108.009, Health and Safety Code, is amended by amending Subsections (a), (c), and (h) and adding Subsections (a-1) and (d-1) to read as follows:
(a) The council may collect, and, except as provided by Subsections (c), [and] (d), and (d-1), providers shall submit to the council or another entity as determined by the council, all data required by this section. The data shall be collected according to uniform submission formats, coding systems, and other technical specifications necessary to make the incoming data substantially valid, consistent, compatible, and manageable using electronic data processing, if available.
(a-1) An ambulatory surgical center licensed under Chapter 243 is not required to submit data under this section.
(c) A rural provider or a hospital may, but is not required to, provide the data required by this chapter[. A hospital may, but is not required to, provide the data required by this chapter if the hospital:
[(1)
is exempt from state franchise, sales, ad valorem, or other state or local taxes; and
[(2)
does not seek or receive reimbursement for providing health care services to patients from any source, including:
[(A)
the patient or any person legally obligated to support the patient;
[(B)
a third-party payor; or
[(C)
Medicaid, Medicare, or any other federal, state, or local program for indigent health care].
(d-1) A provider may elect not to participate in the data collection program under Subsection (a). The executive commissioner of the Health and Human Services Commission by rule shall establish procedures for making the election authorized by this subsection.
(2) Adding the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 108, Health and Safety Code, is amended by adding Section 108.0131 to read as follows:
Sec. 108.0131. NOTICE REQUIRED. (a) A provider who submits data under Section 108.009 shall provide notice to the provider's patients that:
(1) the provider submits data as required by this chapter; and
(2) the data may be sold or distributed to third parties.
(b) The department shall post on the department's Internet website a list of each entity that purchases or receives data collected under this chapter.
SECTION ____. Not later than December 31, 2011, the executive commissioner of the Health and Human Services Commission shall adopt rules as required by Section 108.009(d-1), Health and Safety Code, as added by this Act, establishing procedures to allow health care providers to make the election authorized by that subsection.